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Gary Novosielski

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Everything posted by Gary Novosielski

  1. If the rules in RONR apply, abstentions are not votes, and should not be counted at all. The vote in your example is simply 10-4. Anyone who did not vote either Yes or No has abstained from voting. It does not matter if they said they abstained or simply sat silently and did not participate in the vote--they are abstentions either way. Those who left could be considered to have abstained with their feet. But unless your bylaws require it, there is no good reason to count abstentions or record their number.
  2. The rules in RONR provide that discussion should not be included in the minutes, as you know. The reason for this rule may be that the authors have discovered that once the matter has been decided by a vote, the reasons for a given vote often turn out to be of less importance than they might seem at the time. What's usually important is the text of the motion that was passed, not why. I say this might be the reason for the rule because in a parallel way, the reasons for the rules in RONR are of less importance than what the rules are. But of course there are cases where the reasons for a decision truly are important enough to be preserved. For example in the case of commending someone on the occasion of their retirement, it is often desirable to mention some of the ways in which the retiree benefitted the organization, exhibited excellence of character, was kind to small animals, and such. It is for cases like this that the alternate form of motion, viz. the Resolution was made. A resolution can contain a preamble comprising one or more Whereas clauses, each containing one of the reasons for the resolution, followed by a Resolved clause which is the active portion of the resolution--What the motion would say if "I move that..." were replaced with "Resolved, that..." Resolutions are discussed in §10:13-22 in the 12th edition.
  3. Forgive me, but it is not always the case that what people report as typical is precisely what the bylaws provide. Do you have a rule in the bylaws regarding how vacancies are filled?
  4. RONR provides that all questions about the validity of ballots and whether or how to count them are matters for the assembly to decide. Is there a meeting of the assembly any time soon?
  5. Yes, I'd be surprised if there weren't rules that require advertising for the position, soliciting applications, or other requirements.
  6. There is no chain of succession beyond the vice president. If a meeting is held, then the secretary (or anyone) will call the meeting to order and conduct a fast election for a chair pro-tem to preside for that meeting only. But that does not solve the problem of any non-presiding duties of the president. If the bylaws contain provisions for filling vacancies, follow those, otherwise hold a special election to fill the vacant offices. Previous notice is required.
  7. The title of this thread (No Special Orders Allowed) seems to be misleading. In the cited text, there is no rule against special orders, it simply requires a different vote threshold if they are included.
  8. It should be understood to mean a majority of the actual members of the board.
  9. Emergencies notwithstanding, nothing short of a provision in the bylaws can authorize electronic meetings. An SOP is not sufficient. And the bylaws probably contain a procedure for their own amendment, which is the only way the bylaws may be changed. If there is no such procedure, RONR does contain a default.
  10. When the minutes are up for approval, a correction like this can be pointed out, and probably agreed to by unanimous consent. If the error is not noticed until after the minutes have been approved, then a motion to Amend Something Previously Adopted (§35) is the thing to use.
  11. One person elected to more than one office at the same time must choose one of the offices, and a new election is held for those not chosen. But this rule does not apply if each office is elected in separate ballots, so that the voters know the results for one office before voting on the next. If the new election is required, the person originally elected can then be elected to an additional office, if the bylaws don't have a rule against holding multiple offices. Some combinations are common, such as secretary/treasurer, while others make little sense, such as one person being both president and vice president, or president and secretary. Still, RONR does not explicitly prohibit those, apparently presuming that members will have enough sense not to elect people in nonsensical arrangements. One is free to hope.
  12. If the position is not filled then the election is not completed, and continues until it is. There's no loophole, sorry.
  13. So it could be prohibited only if nobody wanted to do it anyway? Is that appreciably different from not being suspendible at all?
  14. Yes, in order if no one is seeking to make additional nominations, not debatable, and requires a 2/3 vote. But if closed, reopening nominations requires only a majority vote.
  15. If the rules in RONR apply (which they presumably would if nothing else is specified) then proxy voting is prohibited to the greatest extent allowed by law. Also the "governing" board has no special influence in general business meetings. The board is subordinate to the general membership.
  16. No, definitely not. Past practice/custom is the lowest level of all, and yields to all ordinary motions, standing rules, special rules of order, the bylaws, the constitution, and applicable statutes. You should raise a Point of Order (§23) and be prepared to Appeal (§24) an unfavorable ruling.
  17. This is not the method used in RONR, so it's not possible to answer the question as posed. When someone is finished speaking the chair recognizes one of the members seeking recognition at that time. (In some cases two lines are formed at two microphones, one for those in support and one for those opposed to the motion, so that pro and con views will alternate.) Alternating sides is is something RONR favors in general, so if the chair knows who is for or against the motion, they should be recognized alternately if possible. In general, speeches are limited to two per member and the second one only after no one who has yet to make their first speech is is seeking recognition. The count would be reset for an amendment, as you have described, and the previous count restored when returning to discussion of the main motion. But these things are primarily accomplished on the fly, not by setting up a queue at the start. That would require a bylaws provision or special rule of order adopted by your membership. I can see some advantages for doing it that way, but there are also drawbacks. It may be that one of the early speakers raises an important point that others wish to follow up on, but now with the queue preset, they will never get the opportunity. If someone wishes to propose an amendment, they may never get the chance. Some who have a place in line will find that by the time their turn comes up the remarks they had planned to make are no longer relevant. It's not an easy subject to work out. Especially virtually. Speaking of which, unless your bylaws allow for "virtual" or electronic meetings, where people are not gathered in the same physical location, then such meetings are prohibited.
  18. The powers of the board must be spelled out in the bylaws, and the board has no powers beyond those. Some boards are given general authority over the affairs of the club in the interval between membership meetings, but can be overruled by the membership. It would be unusual for a board to have the power to expel members. If they don't have that power, then the membership does. So check your bylaws and see what the board is really allowed to do. The membership, at a membership meeting can, by a 2/3 vote, demand that the board produce and read any of its minutes. Let us know what your bylaws say about your board, and we might be able to put you on the right track.
  19. If they run and lose, they are clearly the immediate past president. Why would you think they would forfeit anything?
  20. If the rules in RONR apply, then Yes. If there are any anti-nepotism rules they would have to be in your bylaws. RONR doesn't have any.
  21. It violates no rule in RONR. If the president departs, the vice president would assume the chair. Presumably in that event the vice president's name would be called last in the roll call.
  22. Maybe we need a §0:0, which says "All rules that do not exist anywhere are incorporated in this section by reference as if fully set forth herein--somehow."
  23. The BOD is incorrect. It would be a bylaws change. And the bylaws are rules--usually the highest level rules of an organization.
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